*1 U.S. Patent and Trademark Office Office of Enrollment and
Discipline

Hugh J. Dolan

Administrative Law
Judge

RECOMMENDED DECISION ON DEFAULT

PRELIMINARY STATEMENT

This is a disciplinary
proceeding initiated under 35 U.S.C. §32 and the regulations promulgated thereunder at 37 C.F.R. Part 10,
against a patent agent registered to practice before the Patent and Trademark
Office (PTO) (Registration Number 29478).

Respondent has been
charged with failing or refusing to cooperate with the Office of Enrollment and
Discipline in the United States Patent and Trademark Office. The complaint
dated November 26, 1991, details the charge of unethical conduct.

Respondent has failed to
respond to the complaint or to this Tribunal's correspondence. For his failure
to file an answer, Respondent has been found to be in default. Pursuant to
applicable regulations 37 C.F.R. §10.136(d), the facts alleged in the complaint are deemed to be admitted.
Agency Counsel has elected to make no further filings, relying upon the default
finding.

FINDINGS

1. Prompted by a
communication received in the Office of Enrollment and Discipline on December
28, 1988, complaining about Respondent's conduct, a letter, dated January 30,
1989 and addressed to Respondent at 200 Market Building, Suite 963, P.O. Box
1833, Portland, OR 97207, was mailed notifying Respondent that the
communication warranted an investigation under 37 C.F.R. 10.131(a), that he was
requested to submit a written statement within thirty days fully and fairly
disclosing all facts and circumstances pertaining to the allegations contained
in the communication; and further, Respondent was reminded in the letter dated
January 30, 1989, of his duty to cooperate with any investigation under 37
C.F.R. 10.131(a) and 10.23(c)(16). The letter dated January 30, 1989, was
addressed to the address of which separate notice was last received by the
Office of Enrollment and Discipline from Respondent.

2. The letter dated
January 30, 1988, was returned to the Office of Enrollment and Discipline
undeliverable.

3. Respondent
communicated by telephone on March 17, 1989 and informed the Office of
Enrollment and Discipline of his current address and his wish to resign; by
letter dated March 29, 1989 and sent by certified mail, Respondent was provided
with (i) documents for resignation and (ii) a copy of the letter dated January
30, 1989, with attachments referenced therein; he was informed that he must
respond to the letter dated January 30, 1989, if he chose not to resign; and further, Respondent was notified
to submit the resignation papers or to file a written statement responding to
the letter dated January 30th within thirty (30) days of March 29, 1989.

*2 4. On March 30,
1989, Respondent received the letter dated March 29, 1989 and signed a return
receipt card but did not respond to the March 29th letter or otherwise provide
either the documents needed for resignation or a written statement pertaining
to the communication received by the Office of Enrollment and Discipline on
December 28, 1988, complaining about Respondent's conduct.

5. A letter dated
September 19, 1989, was sent by the Office of Enrollment and Discipline to
Respondent by certified mail seeking whether or not Respondent desired to
remain on the register, and requested that Respondent complete a Data Sheet
pursuant to 37 C.F.R. 10.11(b); and further, Respondent was notified that if he
desired to remain on the register, he was expected to submit a written reply to
the March 29th letter.

6. Respondent did not
respond to the letter dated September 19, 1989.

7. On December 12, 1989,
the Office of Enrollment and Discipline forwarded to Respondent another Data
Sheet and again requested through an accompanying letter that Respondent complete
and return the Data Sheet within twenty days.

8. On January 19, 1990,
the Office of Enrollment and Discipline received from Respondent a Data Sheet,
dated December 30, 1989, which was incomplete inasmuch as Respondent did not answer the question
whether he wished to remain on the register; and further, Respondent stated on
the Data Sheet, "I wish to withdraw from all applications before the
Office."

9. A copy of the Data
Sheet dated December 30, 1989, was sent to Respondent with a cover letter
querying whether he wanted to remain on the register, and the Office of
Enrollment and Discipline received, on June 20, 1990, the copy back on which
Respondent indicated that he wished to remain on the register.

10. By letter dated June
21, 1990, Respondent was notified that inasmuch as he indicated that he wished
to remain on the register, he was informed that he had not responded to the
request for comments, that a certified mail receipt indicated that he received
the original request dated January 30, 1989 on March 30, 1989, that a copy of
the January 30th request was enclosed, and that he must respond to the request
within thirty days from the date of the June 21st letter. Further, Respondent
was reminded of his duty to cooperate with the investigation, and that any
failure to submit answers "will be considered misconduct under 37 C.F.R. §
§10.23(c) and 10.24(a) subjecting
[him] to disciplinary sanctions."

11. The Office of
Enrollment and Discipline has received no response or written statement pertaining
to the communication received by the Office of Enrollment and Discipline on
December 28, 1988, complaining about Respondent's conduct as of the date of
this Complaint and Notice; and further Respondent has failed and/or refused to provide written
statement pertaining to the communication received by the Office of Enrollment
and Discipline on December 28, 1988, complaining about Respondent's conduct.

CONCLUSION

*3 The conduct set
forth above and in paragraphs 1.1 through 1.11 of the Complaint and Notice
constitutes professional misconduct which justifies suspension under Part 10,
Title 37, Code of Federal Regulations, to wit: 37 C.F.R. 10.23(c)(16); and/or
37 C.F.R. 10.24(a). An indeterminate suspension is appropriate because there
has not been a record developed respecting all of the facts at issue. His
default has prevented such inquiry. The Respondent may show cause in the future
respecting why he failed to respond and furnish some explanation for the
charges. Until he does so his name should be stricken from the rolls.

RECOMMENDATION

That Glenn A. Collett of
3590 S.W. 104th Avenue, Beaverton, OR 97005, Patent and Trademark Registration
Number 29478, be suspended for an indeterminate period from practice as a
patent agent before the United States Patent and Trademark Office, and that the facts and
circumstances of this proceeding be fully published in the Patent and Trademark
Office's official publication.

The action is recommended
under the provisions of Section 32 of Title 35, United States Code, and Section
1.348, Title 37, of the Code of Federal Regulations.